DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3657)

GRANTEE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 DECEMBER 2020

Application for approval of the Grantee Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Grantee Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Grantee Pty Ltd for the period 2019-2022, which was opposed by the employer. The dispute was heard by the Fair Work Commission (FWC), Australia’s workplace relations tribunal.

The primary legal issue before the FWC was whether the collective agreement met the criteria for approval under section 235 of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for the fair and reasonable resolution of any disputes between the parties and if it met the ‘better off overall test’ (BOOT), ensuring that employees were not disadvantaged by the terms of the agreement. The employer argued that certain provisions in the agreement were overly prescriptive and did not provide for the fair and reasonable resolution of disputes.

In reaching its decision, the FWC examined the overall fairness of the agreement and the extent to which it provided for a fair and reasonable process for resolving disputes. The FWC noted that while some provisions were more prescriptive than others, the agreement as a whole provided for a fair and reasonable process for resolving disputes and met the BOOT. The FWC was satisfied that employees would not be disadvantaged by the terms of the agreement.

The FWC approved the collective agreement between the CFMEU and Grantee Pty Ltd for the period 2019-2022, finding that it met the necessary legal criteria for approval.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established